Chapter 7 Key facts checklists

The Children Act - the public law
  • Local authorities have a range of powers and duties to protect children in need. They must investigate if there is evidence that a child is suffering or is likely to suffer significant harm.
  • Police have powers to protect a child if they have cause to believe that unless they act immediately the child is likely to suffer significant harm.
  • The relevant law is in Parts III, IV, and V Children Act 1989 (ss 17–52).
  • Where a child is in need of immediate protection, the Family Court may grant an emergency protection order.
  • Interim orders are temporary orders used where there are reasonable grounds to believe that the threshold criteria are satisfied.
  • If parents object to their child being assessed, a child assessment order may be applied for.
  • Under a care order, the local authority gains parental responsibility for the child (in addition to the parents) and the child may be removed from home.
  • Under a supervision order the child remains at home and a supervisor is appointed who will advise, assist, and befriend the child.
  • The Family Court may make a care or supervision order if the ‘threshold criteria’ in s 31(2) Children Act 1989 are satisfied.

Note: section numbers in this chapter refer to sections of the Children Act 1989 (CA 1989), unless it is made clear that another Act is being referred to.
To get an overall picture of the state’s involvement in the care of the child, this chapter should be read in conjunction with Chapter 8 on adoption.

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